CALCRIM (Jury Instructions) Section 2630. BENCH NOTES Instructional Duty The court has a sua sponte duty to give this instruction defining the elements of the cr
CALCRIM (Jury Instructions) § 2630
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
Give element 4 if the defendant is a peace officer charged with a felony violation of
Penal Code section 141(b).
The jury must determine whether the defendant was a peace officer. (See People v.
Flood (1998) 18 Cal.4th 470, 482 [76 Cal.Rptr.2d 180, 957 P.2d 869].) The court
must instruct the jury on the appropriate definition of “peace officer” from the
statute. (Ibid.) It is error for the court to instruct that a person is a peace officer as a
matter of law. (Ibid. [instruction that “Officer Bridgeman and Officer Gurney are
peace officers” was error].)
AUTHORITY
•
Elements. Pen. Code, § 141.
•
Peace Officer Defined. Pen. Code, § 830 et seq.
LESSER INCLUDED OFFENSES
If the defendant is charged with a felony based on being a peace officer
(Pen. Code, § 141(b)), then the misdemeanor of evidence tampering by a non-peace
officer is a lesser included offense. (Pen. Code, § 141(a).)
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Governmental Authority, § 4.
3 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 70,
Discovery and Inspection, § 70.21[3] (Matthew Bender).
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 83,
Evidence, § 83.10[2] (Matthew Bender).
2631–2639.
Reserved for Future Use
CALCRIM No. 2630
CRIMES AGAINST GOVERNMENT
518
This section of the CALCRIM (Jury Instructions) establishes legal requirements and provisions that apply to specific circumstances in California law.
This section applies when the specific conditions outlined in the statute are met. The exact applicability depends on the facts of each situation.
Penalties vary based on the specific violation and circumstances. They may include fines, imprisonment, or other legal consequences as specified in the California code.
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In simple terms: CALCRIM (Jury Instructions) Section 2630. BENCH NOTES Instructional Duty The court has a sua sponte duty to give this instruction defining the elements of the cr. This means people must follow this rule, and breaking it can lead to criminal penalties.